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0~~~ DiPQL~,~ BEFORE THE MINED LAND STATE OF COLORADO ~2! RECEIVED ~c 2 2 Zoos Division of Reclamation, Mining and Safety FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER IN THE MATTER OF SW TKO JOINT VENTURE, LLC'S POSSIBLE VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR FAILURE TO PROTECT AREAS OUTSIDE THE AFFECTED LANDS FROM SLIDES OR OTHER DAMAGE, FILE NUMBER M-2004-078 / /~ ~ _ ~ and- Oz 3 THIS MATTER came before the Mined Land Reclamation Board ("Boazd") on July 12, 2006 in Denver, Colorado for a hearing to consider a possible violation, cease and desist order, corrective actions and civil penalties for failure to protect areas outside of the affected lands from slides or other damage. The file number for this matter is M-2004-078. Kevin Moore of Lafarge North America and Danna Ortiz of Civil Resources, LLC appeared on behalf of SW TKO Joint Venture, LLC ("Operator"). Cazl Mount, Tom Schreiner and Tanya Light, Esq. appeared on behalf of the Division of Minerals and Geology ("Division"). The Boazd, having considered the parties' presentations and having been otherwise fully informed of the facts in this matter, hereby enters the following findings of fact, conclusions of law and order: 1. The Operator intends to extract sand and gravel from a 361-acre site located in Section 19, Township 1 North, Range 66 West, 6`" Principal Meridian, Weld County, Colorado. The site is referred to as the Lupton Lakes Resource site. The Boazd approved the Operator's application for a Section 112 Reclamation Permit, over objections, on May 11, 2005. 2. On May 8, 2006, the Division received a complaint via telephone from Ron Griese, Colorado Department of Transportation ("CDOT") Region Four Utility Engineer, expressing concern about the stability of a Highway 85 embanlanent and reporting a large volume of water dischazged from the area of the mining operation through a culvert LAP ON BOARD SW TKO NOV M-2004-078